Travelling or Relocating Abroad with a Child from Poland – Other Parent’s Consent and Passport

When do you need the other parent’s consent to travel abroad with a child?

In Poland, parents exercise parental authority jointly and decide important matters concerning the child together. If they cannot agree, the family (guardianship) court decides (Article 97 § 2 of the Family and Guardianship Code). Polish courts have long treated taking a child abroad as an important matter – both permanent relocation and temporary stays. The Supreme Court has held that even a holiday abroad is an important matter (decision of 1985, III CRN 19/85; earlier resolution III CZP 69/71).

In practice, this means that the other parent’s consent is required both for relocation and for a holiday abroad, as long as that parent holds full parental authority. This does not change after divorce or separation, nor because the child lives mainly with one parent. A divorce judgment stating that the child lives with the mother or father does not entitle that parent to move with the child to another country.

When is consent not required?

A parent may decide alone if the other parent:

• has been deprived of parental authority (Article 111),
• has had parental authority suspended (Article 110),
• has limited parental authority that excludes deciding on the child’s place of residence (Articles 107 or 109) – the exact wording of the court order always matters,
• has lost the right to decide on the child’s residence under a foreign judgment recognised in Poland.

If the other parent’s authority is limited only, for example, by the supervision of a court guardian, consent is still needed. We discussed the limits of restricting parental authority in our article on the upcoming Supreme Court decision.

Holiday or relocation – what is the difference?

The rule is the same, but the consequences of a dispute are very different:

What should a parental consent to travel contain?

Polish law does not prescribe an official form – consent can be given in any form. We strongly recommend written consent. It helps at the border and with airlines, and in a dispute it is key evidence of exactly what the other parent agreed to (and what they did not). A good consent letter includes:

• details of both parents and the child (names, PESEL numbers, document numbers),
• the destination country (or countries) and address,
• departure and return dates – for relocation, a clear statement that the child’s permanent residence will change,
• the person the child is travelling with,
• for relocation – the agreed contact arrangements with the other parent and how travel costs are shared,
• date and signature, preferably notarised.

The Polish Border Guard does not, as a rule, require a parent travelling with a child to show the other parent’s written consent. However, border authorities in the destination country or the airline may ask for it – especially outside the European Union. Have the consent ready in English or in the language of the destination country.

A Polish passport for your child – both parents must consent

Passports are governed by the Act of 27 January 2022 on passport documents. One parent may file the application for a minor, but the consent of both parents is required. The other parent can give it:

• in person, by applying together with the first parent,
• in writing, with a signature certified by a notary, a passport office or a Polish consul,
• electronically, through the “Wyraź zgodę na wydanie paszportu” service on gov.pl (using a trusted profile, e-ID signature or qualified electronic signature).

A passport for a child under 12 is valid for 5 years. The fee is PLN 30 (under 12) or PLN 70 (12–18); holders of the Large Family Card pay half. A child over 5 must be present when the application is filed. Parents living abroad apply through a Polish consulate; paper consents scanned and sent by email are not accepted.

What if the other parent refuses to consent to the passport?

The missing consent can be replaced by a final decision of the Polish family court (Article 97 § 2). The original decision must be submitted. Consular practice treats one decision as covering one passport – a new document will require consent again. It is therefore worth asking the court, in one application, for consent to the passport and to the specific trip.

What about a Polish ID card?

Unlike a passport, an ID card for a child can be applied for by one parent without the other’s consent. This matters in practice: within the European Union and the Schengen area, an ID card is enough to travel. Refusing consent to a passport therefore does not prevent a child from being taken to another EU country. If you fear abduction, other measures are needed – see below.

The other parent refuses – applying to the court

If the parents cannot agree, the parent who wants to travel files an application for the court to decide an important matter concerning the child (substitute consent). The competent court is the district court (family and juvenile division) for the child’s place of residence. The court fee is PLN 100. Representation by a lawyer is not mandatory, but in relocation cases, how the plan is presented is often decisive.

In relocation cases, the court is guided by the child’s best interests and looks in particular at:

• the child’s bond with each parent and how relocation would affect it,
• a realistic contact plan for the parent staying in Poland – frequency, holidays, video calls, who pays for travel,
• conditions in the new country: housing, school or nursery, language, healthcare, support network,
• the reason for the move (work, family, a new partner) and how well it has been prepared,
• the child’s age and views – the court hears the child if their development and maturity allow,
• expert reports from the court’s family assessment team (OZSS), if ordered.

When the trip is urgent (a booked holiday, the start of a school year abroad), you can apply for interim measures. Do not leave it to the last minute, though – relocation proceedings usually take many months.

Leaving without consent – when does it become child abduction?

If a parent takes a child abroad without the other parent’s or the court’s consent – or leaves with consent “for the holidays” and does not return on time – this is wrongful removal or retention under the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Between EU Member States (except Denmark), Council Regulation (EU) 2019/1111 (Brussels IIb) also applies.

The left-behind parent can then seek an order for the child’s return to the country of habitual residence. The proceedings are meant to be fast, and the court does not decide which parent the child should live with – it restores the situation before the removal. In Poland, Hague cases are heard by specialised regional courts in the cities where courts of appeal sit (Article 569¹ of the Code of Civil Procedure).

An important distinction: a parent with full parental authority who takes the child without the other parent’s consent generally does not commit the criminal offence of child abduction under Article 211 of the Polish Criminal Code. The consequences are still serious: a return order, possible restriction of parental authority and a weaker position in any dispute about the child’s residence. We cover this in detail in:

• What is the difference between parental kidnapping and child abduction in Poland?
• Hague Convention: child abduction to Poland

From our practice

In every travel and passport case we have concluded, we achieved the client’s goal – some by agreement, before the court had to rule. In Hague cases we act for parents whose children were kept in Poland after a holiday; in every case decided so far, the court ordered the child’s return.

Case descriptions are anonymised: details that could identify the parties have been changed or generalised.

Worried the other parent may take your child abroad? What you can do

• Do not sign consent to a passport or a trip without clear terms (dates, country, address, return date).
• Apply to the court for interim measures – the court may, for example, prohibit taking the child abroad without the other parent’s consent or order the child’s passport to be deposited.
• Consider applying to limit the other parent’s parental authority as regards deciding on the child’s place of residence.
• Collect evidence: messages about plans to leave, job offers abroad, bookings.
• If the child has already been taken – act immediately: report to the police, contact a lawyer and the Central Authority (in Poland, the Ministry of Justice). Time matters: after one year from the abduction, the court may refuse to order the return if the child has settled in the new environment.

Checklist before a trip or relocation

• Does the other parent hold full parental authority? Check the wording of the divorce judgment or court decision.
• Do you have written consent with dates, country and address (for relocation – with a contact plan)?
• Does the child have a valid document: ID card (EU) or passport (outside the EU)?
• Does the destination country or airline require extra documents (consent in a foreign language, birth certificate)?
• For relocation: will the contact order be enforceable in the new country?
• If there is no agreement – has the court application been filed well in advance?

Frequently asked questions

Do I need my ex-husband’s consent to take our child on holiday to Croatia?

Yes, if he holds full parental authority. A trip abroad – even a short one – is an important matter concerning the child. Nobody is likely to check it at internal Schengen borders, but travelling without it may be treated as a breach of the other parent’s parental authority, and failing to return on time as wrongful retention.

I have a divorce judgment and the child lives with me. Can I move abroad with the child?

Not without the other parent’s or the court’s consent, as long as the other parent has kept the right to decide on the child’s place of residence. The residence set out in the judgment concerns life in Poland, not moving the child to another country.

Is passport consent enough to travel with my child?

No. Consent to a passport concerns only the document. A specific trip or relocation requires separate consent (or a court decision).

The other parent lives abroad. How can they consent to a Polish passport?

Before a Polish consul, before a notary (in writing with a certified signature) or electronically via gov.pl, using a trusted profile or a qualified electronic signature. Scanned paper consents sent by email are not accepted.

How long does a court case for consent to travel take?

It depends on the court and the complexity of the case. Consent to a short trip can be granted quickly, especially as an interim measure. A relocation case with expert reports usually takes several months or longer.

Legal basis and sources: Articles 97 § 2, 107, 109–111 of the Polish Family and Guardianship Code; Act of 27 January 2022 on passport documents; Act on identity cards; Article 569¹ of the Polish Code of Civil Procedure; Article 211 of the Polish Criminal Code; Hague Convention of 25 October 1980; Council Regulation (EU) 2019/1111; European e-Justice Portal – moving abroad with children (Poland); gov.pl – consent to a child’s passport. Law as of October 2026. This article is for general information and is not legal advice on an individual case.